What are the Miranda rights of an accused in a criminal case?

Miranda protects an accused's Fifth Amendment privilege against self-incrimination. Absent a custodial interrogation, Miranda rights are not implicated. (People v. Guilmette (1991) 1 Cal.App.4th 1534, 1540-1541.)

When determining whether a person is in custody, a court employs an objective test. "[T]he pertinent inquiry is whether there was a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest. [Citation.] The totality of the circumstances is considered and includes '(1) whether the suspect has been formally arrested; (2) absent formal arrest, the length of the detention; (3) the location; (4) the ratio of officers to suspects; and (5) the demeanor of the officer, including the nature of the questioning.' [Citation.] Additional factors are whether the officer informed the person he or she was considered a witness or suspect, whether there were restrictions on the suspect's freedom of movement, whether the police were aggressive, confrontational, and/or accusatory, and whether the police used interrogation techniques to pressure the suspect.

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[Citation.]" (People v. Davidson (2013) 221 Cal.App.4th 966, 971-972.)